CDZ Does double jeopardy apply?

[Nosmo King]

IF. Trump is impeached (indicted) by the House and acquitted by the Senate, then loses re-election, could the charges developed and explained by the House be used in federal court against ex-president Trump? Or does the Senate trial (of a sitting president) open the double jeopardy box?

 

[Billy_Bob]

IF. Trump is impeached (indicted) by the House and acquitted by the Senate, then loses re-election, could the charges developed and explained by the House be used in federal court against ex-president Trump? Or does the Senate trial (of a sitting president) open the double jeopardy box?

Under the law he has been tried. Double Jeopardy applies...

 

[toobfreak]

IF. Trump is impeached (indicted) by the House and acquitted by the Senate, then loses re-election, could the charges developed and explained by the House be used in federal court against ex-president Trump? Or does the Senate trial (of a sitting president) open the double jeopardy box?

Fear not, I just watched a four-night exposé on the details of the so-called 10 potential Mueller "obstructions" and they are a joke. Several of them were totally dismissed by Mueller himself. Of the remaining, one was Trump's merely saying that Mueller being picked could mean the end of his presidency! That isn't any obstruction at all, it is not even some admission of "guilt," it was Trump merely commenting that based on his past dealings with Mueller, first, turning him down as FBI director and also some sort of business deal that went sour, that Trump didn't feel Mueller would be fair or impartial.

The few remaining were merely Trump's exploring the possibility of replacing Mueller as a result. Either way the investigation would have continued, DID continue and was ultimately found that Trump was indeed free of any guilt of collusion or conspiracy with Russia. So what was Trump "obstructing?" His innocence?

And there still remains made NO public evidence of these so-called Russian efforts. Not ONE person, not one county, has been shown affected, changed or swung in Trump's favor ---- ---- the Left's MSM do far more every day trying to influence and change votes, views and opinions than the Russians will ever do.

If the idiot's in the DNC try to impeach Trump on the basis of THIS, it is going to be the biggest clusterfuck backfire into their own faces since the 3 Stooges had their last pie fight.

 

[JoeMoma]

I don't believe double jeopardy applies. Congress is not a criminal court and impeachment by the house and conviction by the senate simply results in the "firing" of the president.

 

[Papageorgio]

Double jeopardy can’t be attached. The Senate is only allowed to, based on evidence, remove a President from office, nothing more. Courts would be where double jeopardy attaches.

 

[Wyatt earp]

Double jeopardy can’t be attached. The Senate is only allowed to, based on evidence, remove a President from office, nothing more. Courts would be where double jeopardy attaches.

I thought the Senate was the executioner? (Judge sentence)

 

[Papageorgio]

Double jeopardy can’t be attached. The Senate is only allowed to, based on evidence, remove a President from office, nothing more. Courts would be where double jeopardy attaches.

I thought the Senate was the executioner? (Judge sentence)

They have only have the power to remove the President, their power carries no further.

 

[C_Clayton_Jones]

IF. Trump is impeached (indicted) by the House and acquitted by the Senate, then loses re-election, could the charges developed and explained by the House be used in federal court against ex-president Trump? Or does the Senate trial (of a sitting president) open the double jeopardy box?

Impeachment is a political – not legal – process.

Indeed, a president can be removed from office via the impeachment process absent alleged criminal wrongdoing.

A president removed from office via impeachment because of alleged criminal activity can be subject to criminal prosecution, but that’s unlikely at the Federal level.

Justice would never indict a president – sitting or former – as it would establish a dangerous precedent.

Indictment of a former president at the state level would be more likely.

‘Conviction’ by the Senate is not a criminal conviction, as the president’s life, liberty, and property are not in jeopardy; a president removed from office via impeachment would be at liberty to return home to write his memoir and plan for his presidential library.

 

[Wyatt earp]

Double jeopardy can’t be attached. The Senate is only allowed to, based on evidence, remove a President from office, nothing more. Courts would be where double jeopardy attaches.

I thought the Senate was the executioner? (Judge sentence)

They have only have the power to remove the President, their power carries no further.

I should look this up, so a president obstruct justice, he is not removed he can still be charged in criminal court?


How come no one charged Bill then?


Obstruction of justice is a Class 4 felony offense, punishable by one to three years in prison (the Illinois Department of Corrections) and a fine of up to $25,000. However, the judge does have the option to sentence you to probation as opposed to incarceration.

Chicago Criminal Lawyer | Cook County Criminal Defense Attorney | Law Offices of David L. Freidberg, P.C. › ...
Obstruction of Justice | Chicago Criminal Defense Lawyer David L ...

 

[Wyatt earp]

Double jeopardy can’t be attached. The Senate is only allowed to, based on evidence, remove a President from office, nothing more. Courts would be where double jeopardy attaches.

I thought the Senate was the executioner? (Judge sentence)

They have only have the power to remove the President, their power carries no further.

I should look this up, so a president obstruct justice, he is not removed he can still be charged in criminal court?


How come no one charged Bill then?


Obstruction of justice is a Class 4 felony offense, punishable by one to three years in prison (the Illinois Department of Corrections) and a fine of up to $25,000. However, the judge does have the option to sentence you to probation as opposed to incarceration.
View attachment 264357
Chicago Criminal Lawyer | Cook County Criminal Defense Attorney | Law Offices of David L. Freidberg, P.C. › ...
Obstruction of Justice | Chicago Criminal Defense Lawyer David L ...

^^ just an example

 

[Nosmo King]

IF. Trump is impeached (indicted) by the House and acquitted by the Senate, then loses re-election, could the charges developed and explained by the House be used in federal court against ex-president Trump? Or does the Senate trial (of a sitting president) open the double jeopardy box?

Impeachment is a political – not legal – process.

Indeed, a president can be removed from office via the impeachment process absent alleged criminal wrongdoing.

A president removed from office via impeachment because of alleged criminal activity can be subject to criminal prosecution, but that’s unlikely at the Federal level.

Justice would never indict a president – sitting or former – as it would establish a dangerous precedent.

Indictment of a former president at the state level would be more likely.

‘Conviction’ by the Senate is not a criminal conviction, as the president’s life, liberty, and property are not in jeopardy; a president removed from office via impeachment would be at liberty to return home to write his memoir and plan for his presidential library.

Was it necessary for President Ford to pardon Nixon? Would Pemce issue a pardon for Trump?

 

[Flopper]

IF. Trump is impeached (indicted) by the House and acquitted by the Senate, then loses re-election, could the charges developed and explained by the House be used in federal court against ex-president Trump? Or does the Senate trial (of a sitting president) open the double jeopardy box?

Impeachment is not a legal but a political process. Double jeopardy only applies in the criminal justice system, not congressional procedures. It makes no difference whether the person is just impeached or found guilty by the Senate. Judges have been impeach and then tried in federal court for their crimes. Impeachment is just another method of removing a person from office.

 

[Old Man Grumbles]

I don't believe Trump could be tried by a state court, unless he committed an offense against state law while physically in said state. If, and that's a big If, Trump were to be impeached, found guilty and removed from office Pence would immediately pardon him. End of story.

 

[Nosmo King]

I don't believe Trump could be tried by a state court, unless he committed an offense against state law while physically in said state. If, and that's a big If, Trump were to be impeached, found guilty and removed from office Pence would immediately pardon him. End of story.

A pardon would not apply in a state case.

And what does locale have to do with crime? If Trump broke a New York State law, he broke the law, if he was at Mar-a-Largo or D.C. or Timbuktu

 

[Old Man Grumbles]

I don't believe Trump could be tried by a state court, unless he committed an offense against state law while physically in said state. If, and that's a big If, Trump were to be impeached, found guilty and removed from office Pence would immediately pardon him. End of story.

A pardon would not apply in a state case.

And what does locale have to do with crime? If Trump broke a New York State law, he broke the law, if he was at Mar-a-Largo or D.C. or Timbuktu

So if you were in a state not your home state and broke a law of your home state in that other state, your home state should charge you with breaking the law and try you?

 

[C_Clayton_Jones]

Unfortunately, the American people have made the unwise, wrongheaded determination that a president can be removed from office only pursuant to alleged to criminal wrongdoing.

That was not the original intent of the Framers.

Article II, Section 4 of the Constitution authorizes the removal of a president via impeachment “for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Misdemeanors refer to bad acts and bad conduct by a president, unrelated to alleged criminal wrongdoing.

Trump has engaged in numerous misdemeanors that warrant his impeachment and conviction, such as his attacks on the judiciary; a president such as Trump can be removed from office via impeachment because he is incompetent and unfit to hold office.

 

[RetiredGySgt]

I don't believe Trump could be tried by a state court, unless he committed an offense against state law while physically in said state. If, and that's a big If, Trump were to be impeached, found guilty and removed from office Pence would immediately pardon him. End of story.

A pardon would not apply in a state case.

And what does locale have to do with crime? If Trump broke a New York State law, he broke the law, if he was at Mar-a-Largo or D.C. or Timbuktu

Wrong you can not break a State law when you are NOT in the State, well unless your action was directed AT that State and its laws.

 

[Nosmo King]

I don't believe Trump could be tried by a state court, unless he committed an offense against state law while physically in said state. If, and that's a big If, Trump were to be impeached, found guilty and removed from office Pence would immediately pardon him. End of story.

A pardon would not apply in a state case.

And what does locale have to do with crime? If Trump broke a New York State law, he broke the law, if he was at Mar-a-Largo or D.C. or Timbuktu

So if you were in a state not your home state and broke a law of your home state in that other state, your home state should charge you with breaking the law and try you?

If I filed a fraudulent tax return in Mew York from my winter home in Florida, the crime is against New York, not Florida.

 

[Nosmo King]

I don't believe Trump could be tried by a state court, unless he committed an offense against state law while physically in said state. If, and that's a big If, Trump were to be impeached, found guilty and removed from office Pence would immediately pardon him. End of story.

A pardon would not apply in a state case.

And what does locale have to do with crime? If Trump broke a New York State law, he broke the law, if he was at Mar-a-Largo or D.C. or Timbuktu

Wrong you can not break a State law when you are NOT in the State, well unless your action was directed AT that State and its laws.

If my 'foundation' is headquartered in New York and I file a fraudulent rad return to New York all while I was in residence in Dlorida, the crimes are committed against Mew York, and nowhere else.

 

[Old Man Grumbles]

If I filed a fraudulent tax return in Mew York from my winter home in Florida, the crime is against New York, not Florida.

If you made that mistake my advice to you is stay out of New York and hope the warrant issued for your arrest is non-extraditable.